A division bench comprising Justice M Venugopal and Justice S Vaidyanathan on observing that ‘Where law ends, there tyranny begins’, said, “This court may have to apply the principles laid down thereunder for the present case on hand, taking note of the situation, wherein the petitioner’s husband was assaulted in an inhuman fashion.”
As per the case, the high court on finding that two persons had encroached a land which is meant for public use in Thiruporur and that the permission granted by the local Meenava Panchayat has no value in the eye of law had directed the Block Development Officer (BDO), Karikaatu Kuppam Village, Muttukadu Panchayat on January 18, 2018 to take necessary steps to remove the unapproved construction within four weeks.
But as the authorities failed to remove the encroachment, a contempt plea was taken up for hearing on December 10, 2018. The government advocate appearing for the authorities sought time and the plea was posted to January 2.
But when the plea came up for hearing on Thursday, the petitioner’s counsel submitted that the petitioner’s husband was assaulted and has been admitted to Royapettah hospital in a serious condition.
Also, looking at relevant photographs of constructions having progressed even though there was an interim order on the construction, the bench said, “This court is of the earnest and considered opinion that the said special officer is endeavoring to flout the order of the court dated January 18, 2018, obviously in collusion with the violators.”
“If the said order passed by this court is not complied with by Friday, then this court will initiate contempt proceedings by issuance of statutory notice to all the authorities involved, including the Secretary, Revenue Administration and the District Collector, Kancheepuram District,” the bench said.
The bench also directed the SP of Kancheepuram to ensure that a police team is deputed.